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7,2 -mss <br />respond within the time limits provided, the grievant may <br />appeal to the next level. <br />1; .3.4 Level IV - Binding Arbitration <br />17.3.4.1 if the grievant is not satisfied with the decision at Level III, the <br />grievant may within ten (10) days of the receipt of the decision <br />submit a request in writing to the Association for arbitration of <br />the dispute. Within twenty (20) days of the grievants receipt <br />of the derision at Level III, the Association shall inform the <br />City of its intent as to whether or not the grievance will be <br />arbitrated. The Association and the City shall attempt to <br />agree upon an arbitrator. If no agreement can be reached, <br />they shall request that the State Conciliation Service supply a <br />panel of five names of persons experienced in hearing <br />grievances in cities. Each party shall alternately strike a name <br />until only one remains. The remaining panel member shall be <br />the arbitrator. The order of the striking shall be determined <br />by lot. <br />17.3.4.2if either the City or the Association so requests, a separate <br />arbitrator shall be selected to hear the merits of any issues <br />raised regarding the arbitrability of a grievance. No hearing on <br />the merits of the grievance will be conducted until the issue of <br />arbitrability has been decided. The process to be used in <br />selecting an arbitrator shall be as set forth in 17.3.4.1. <br />17.3.4.3The arbitrator shall, as soon as possible, hear evidence and <br />render a decision on the issue or issues submitted to him. If <br />the parties cannot agree upon a submission agreement, the <br />arbitrator shall determine the issues by referring to the written <br />grievance and the answers thereto at each step. <br />17.3.4.4The City and the Association agree that the jurisdiction and <br />authority of the arbitrator so selected and the opinions the <br />arbitrator expresses will be confined exclusively to the <br />interpretation of the express provision or provisions of this <br />MOU at issue between the parties. The arbitrator shall have no <br />authority to add to, subtract from, alter, amend, or modify <br />any provisions of this MOU or the written ordinances, <br />resolutions, rules, regulations and procedures of the City, nor <br />shall he /she impose any limitations or obligations not <br />specifically provided for under the terms of this MOU. The <br />Arbitrator shall be without power of authority to make any <br />decision that requires the City or management to do an act <br />prohibited by law. <br />242 <br />IT, <br />